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2025 DAILYLAW 11880 (ALL)

CONSTABLE C.P. DHIRAJ SINGH AND 13 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/5922/2025 · 2025-05-21

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87120 Court No. - 4 Case :- WRIT - A No. - 5922 of 2025 Petitioner :- Constable C.P. Dhiraj Singh And 13 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for petitioners and learned Standing Counsel. 2. While entertaining this petition on 05.05.2025 the Court had passed the following orders: "1. Heard Sri Arvind Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioners who are working as Constable in Civil Police are aggrieved by the order passed by the authority on 28.10.2023 whereby their respective claims for counting the service as ex-army men previously has been rejected. 3. Learned counsel for the petitioner submits that the petitioners are covered by the judgment of this Court in the case of Sita Ram and 13 others v. State of U.P. and 3 others:Writ A No.10689 of 2024 and connected matter delivered on 09.04.2024. 4. Learned Standing Counsel to obtain instruction in the matter and assist the Court on the next date fixed. 5. List this case on 22.05.2025. " 3. Learned Standing Counsel has obtained instruction in the matter and as per the instructions though all dates of appointment of the petitioners have been disclosed in paragraph-1 thereof as 15.05.2016, 50.06.2021, 04.06.2021, 04.06.2021, 04.06.2021, 04.06.2021, 03.06.2021, 03.06.2021, 23.06.2021, 14.06.2021, 04.06.2021, 15.06.2021 and 04.06.2021 but the instructions are absolutely silent as to when the petitioners were sent for training. 4. This Court has already observed previously in its judgment in the case of Sita Ram Sharma and 13 others v. State of U.P. and 3 others Writ A No. 10689 of 2024 and other connected matters that if for reasons particularly the Pandemic Covid-19 if the trainees were sent in clusters after their selection prior to coming into force the Government order dated 23.12.2020, all such employees would stand at par and will be entitled to the benefit that was available to such employees regarding pay protection and counting of period of service rendered as ex- army personnel. 5. 5. Thus, I do not find anything concrete coming up in the instructions so as to distinguish the case of the petitioner of those in the case of Sita Ram Sharma and 13 others v. State of U.P. and 3 others Writ A No. 10689 of 2024 and other connected matters. 6. In view of the above, this petition also stands disposed of in terms of the order passed by this Court 09.04.2025 in the case of Sita Ram Sharma and 13 others v. State of U.P. and 3 others Writ A No. 10689 of 2024 and other connected matters and in the circumstances the order dated 28.10.2023 also stands quashed. Order Date :- 22.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad